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Job change when H1B extension is pending

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  • Job change when H1B extension is pending

    Hello fellow members,
    I have searched the length and breadth of this and other forums before posting this thread so please bear with me for a moment. I have come across conflicting answers in most of the cases and need your kind help to arrive at a clear resolution. My case is as below:
    1. My H1B visa expires on 30-Sep-2015
    2. My current employer has filed for a extension and is expected to take up to three months under normal processing i.e it should be completed by start of August 2015.
    3. I am planning to switch jobs in the mean time. If my new employer files a "H1B transfer" before my H1B extension with current employer is approved, will that be an issue?

    I have seen multiple answers ranging from "it is better to wait for the extension to complete first" to "it should be perfectly fine". Your help in arriving at an unambiguous resolution is highly appreciated!

  • #2
    Follow-up

    Hi fellow members,
    I would really appreciate a response on this thread. Thanks a lot for your help!

    Comment


    • #3
      Originally posted by niknu View Post
      Hello fellow members,
      I have searched the length and breadth of this and other forums before posting this thread so please bear with me for a moment. I have come across conflicting answers in most of the cases and need your kind help to arrive at a clear resolution. My case is as below:
      1. My H1B visa expires on 30-Sep-2015
      2. My current employer has filed for a extension and is expected to take up to three months under normal processing i.e it should be completed by start of August 2015.
      3. I am planning to switch jobs in the mean time. If my new employer files a "H1B transfer" before my H1B extension with current employer is approved, will that be an issue?

      I have seen multiple answers ranging from "it is better to wait for the extension to complete first" to "it should be perfectly fine". Your help in arriving at an unambiguous resolution is highly appreciated!
      I would say it is fine, but to be on the safe side, would advise few things, next employer to file the petition in premium, and you join only the petition is approved, once petition is approved, ask current employer to send note to USCIS to cancel the extension request.

      This is my opinion not legal advice.

      Comment


      • #4
        Originally posted by niknu View Post
        I would say it is fine, but to be on the safe side, would advise few things, next employer to file the petition in premium, and you join only the petition is approved, once petition is approved, ask current employer to send note to USCIS to cancel the extension request.

        This is my opinion not legal advice.
        Thank you for the response Raghvi! I would love to hear others opinion as well.

        Comment


        • #5
          Request for Help

          Hi Niknu,

          I am sailing in a same boat and would like to request any help you could offer.
          Did you get perfect answer ( I am also confused with multiple different confident answers ) ?

          Thanks.

          Comment

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